Nathu Lal vs Board of Revenue

Yatindra Singh, J.—The respondent No. 2 filed original suit No. 15 of 1999 against the petitioner. According to the petitioner this was decreed expane on 1 82000. The petitioner filed an appeal against the same. The Additional Commissioner entertained the appeal and granted interim order by the order dated 5102000. This interim order was extended from time to time and lastly was extended on 1212001, and judgment was reserved on 1912001. Subsequently respondent No. 2 filed a transfer application No. 49 of 20002001 before respondent No. 1 and obtained stay of further proceedings before the Additional Commissioner on 2732001. He also filed a revision No. 1C/20002001 against the order dated 1212000, in which he obtained the order staying the operation of Additional Commissioner dated 1212001 by which the stay order of the petitioner was last extended. Hence the present writ petition.

I have heard Sri Subodh Kumar, Counsel for the petitioner, standing Counsel for respondent No.1 and Sri K.G. Srivastava for respondent No. 2. With the consent of the parties, writ petition is decided finally at this stage.

According to the petitioner the suit of respondent No. 2 was decreed exparte on 182000 and the Additional Commissioner while entertaining the appeal passed interim order on 5102000 which is as follows:

''Heard. Put up with file for hearing on the point of admission on 22112000. In the meantime, operation and effect of the order and execution of decree under appeal shall remain stayed. Status quo on the spot regarding possession etc. shall strictly be maintained till 22112000. Both the parties are restrained from selling, making any construction destroying or changing the shape of land in dispute in any manner till 22112000.

Sd/ Additional Commissioner Ely Div. 95.10.2000''

This interim order was extended from time to time. Thereafter the judgment was also reserved on 1922001. This judgment could not be delivered as respondent No. 2 has obtained stay order for respondent No. 1. Once respondent No. 2 had obtained the stay of the further proceedings before the Additional Commissioner then respondent No. 1 had no justification to grant the interim order on 1042000 staying the operation of the order dated 1212000. This will permit respondent No. 2 to proceed with the execution of his decree without any adjudication of the petitioners appeal. This is illegal. The order dated 1212001 passed by respondent 1 in revision is quashed.

The parties may appear before respondent No.1 on 732001. He may decide the transfer application filed by respondent No. 2. It is made clear that till disposal of the appeal filed by the petitioner the stay order granted on 5102000 shall continue. The revision filed by respondent No. 2 stands dismissed.

With these observations writ petition is allowed. Petition allowed.